The nature of obligations incurred by individual debtors varies. Many consumer debtors have credit card debt, medical bills, mortgage debt in connection with loans secured by residences or investment property, or debt resulting from the personal guaranty of a business obligation. There are occasions when creditors contend that a specific obligation should not be discharged. These claims are brought pursuant to various subsections of Section 523 of the Bankruptcy Code.
Palm Beach Lawyers Handling Non-Dischargeable Debts in Bankruptcy
Our attorneys have substantial experience litigating challenges to discharge in adversary proceedings filed in bankruptcy court, from the commencement of the case through trial. We are regularly confronted with scenarios, in connection with our representation of creditors as well as debtors, when the discharge of a debt is disputed. Whether the claims are related to allegations of fraud, theft while acting in a fiduciary capacity, intentional harm, obligations under marital settlement agreements or income taxes, our clients know that, in every case, we have researched the applicable law and have litigated these types of claims in the past.
There are occasions when a trustee or a particularly aggrieved party seeks to prevent the discharge of all of a debtor's obligations. These claims, which are brought pursuant to Section 727 of the Bankruptcy Code, often center on allegations of concealment of assets or income, incomplete disclosure or the improper transfer of assets, or bad faith as a basis for why a particular individual debtor should not be granted a discharge of any debts. We have significant experience representing debtors in every stage of these types of actions as well.
Skilled Personal Bankruptcy Litigation Representation
Litigating claims in adversary proceedings requires the courtroom skills of litigators and trial lawyers, as well as knowledge of the specific area of substantive bankruptcy law at issue. Our litigation experience, when combined with our working knowledge of the procedures followed by bankruptcy courts and local bankruptcy judges, proves invaluable if a client is dealing with the issue of whether or not a substantial debt, or all of his or her debt, will be discharged. It is not enough that we understand the facts and the law of each case, which party has the burden of proof and what the standard is. We know how to present evidence, how to ask questions, how to raise objections and when not to say anything. We know the applicable Federal Rules of Bankruptcy Procedure, the local rules of our bankruptcy courts and what bankruptcy judges expect from lawyers who appear before them. We know how to try cases in bankruptcy court.
We also have common sense and the ability to think on our feet. These are qualities that cannot be taught, but rather instincts that have been honed by years of relevant experience. These qualities, when combined with our substantive knowledge of the law, our deep litigation experience and our considerable courtroom skills, make legitimate our claim that we provide clients with a preeminent level of representation in this area.
Contact the Palm Beach Non-Dischargeable Debts in Bankruptcy Attorneys of Rosen & Winig, P.A.
For efficient and effective solutions to even the most complex legal challenges, turn to Rosen & Winig, P.A. Our lawyers offer exceptional representation to businesses and individuals. Call 561-459-2613, toll free at 877-268-2933 or simply contact us online to schedule an initial consultation.
